Following charges that the San Francisco Giants failed to pay 74 clubhouse and administrative employees all the compensation they were entitled to, the team has agreed to pay nearly $545,000 in back wages and damages. The 74 clubhouse and administrative employees accused the ball club of violating Federal labor pay – the Fair Labor Standards Act [FLSA]. The FLSA provides several key provisions, including the right to minimum wages, overtime pay for non-exempt workers. If you have any wage and hour questions, it’s a good idea to consult with a top Atlanta wage and hour attorney right away. According to reports, investigators uncovered various minimum wage, overtime and record-keeping violations.
Violations included clubhouse employees working more hours than were recorded, and receiving only a flat pay rate that amounted to less than the federal minimum wage of $7.25 an hour. The Giants were also accused of not paying employees overtime.
A representative from the government noted: “I am encouraged that the Giants acted to resolve this issue, but it was disappointing to learn that clubhouse workers providing services to high-paid sports stars weren’t making enough to meet the basic requirements of minimum-wage law.”
Labor Department officials said the team also improperly classified a number of employees as exempt from overtime pay, including clubhouse managers and video operators at the major and minor league levels.
Misclassification is a frequent issue is any place of employment. Sometimes misclassifications occur by mistake – whether a worker is exempt or non-exempt can be a complex determination. Exemptions are rules that state that if you make more than a certain amount of money per week, and if you perform a certain type of “white collar” work, then you are exempt from the overtime laws, and your employer need not pay you time and a half no matter how many hours you work in a week. If, however, the exemptions do not apply to you, then you are considered non-exempt, and your employer must pay you time and a half for every hour you work more than 40 in any workweek.
However, because overtime pay can potentially lead to substantial increases in take home pay, in some situations unscrupulous employers may intentionally misclassify workers in an effort to avoid paying out large sums of overtime compensation.
While no evidence exists of that practice here, making sure you are classified correctly regardless of your job is important.
For more information or if you believe you have not been paid all the compensation you deserve, please contact the top Georgia overtime pay attorneys at Buckley Bala Wilson Mew LLP for an immediate case evaluation.